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Many of us in the legal community have heard about the trouble that organizations have come across when using open source improperly (remember Cisco/Linksys, Katzer, and the BusyBox chronicles?). To help avoid experiencing the open-source surprises that these and other organizations have faced, the following is a discussion of various risk management tools that in-house counsel can rely on to perform effective open-source due diligence in software acquisitions. These include contractual measures, such as representations and warranties and indemnities; and extra-contractual tools, including software audits and a structured Open Source Software Adoption Process (OSSAP).
The Need for Open-Source Risk Management
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